95 Iowa 386 | Iowa | 1895
I. The alleged seduction took place
about the sixth of March, 1892. On the twenty-eighth of February, 1893, the prosecuting witness, one Carrie McElrea, gave birth to a child. As a witness she stated that she first met the defendant in December, 1891; that he took her home from a Christmas tree on December 24, 1891, and remained with her until 12 o’clock; and that after that they were together “like all young people are” till the last of February or the first of March, when he promised to marry her, and fixed the time for their marriage in December following, and that because of this promise she consented to sexual intercourse with him. It appears from her testimony that her intimacy continued until June 12, 1892, at which time she claims to have become pregnant. Her testimony shows that their talk of marriage continued until as late as September, 1892. The defendant was a witness at the trial, and denied any promise or talk of marriage, but said nothing about the fact of the intercourse.
VII. It is lastly urged that the verdict is without support in the evidence. That the defendant had intercourse with the prosecuting witness is not doubtful. The doubts arise on the question of her previous chastity. In this réspect the proof is such as to make the question one of much doubt, but it was a question for the jury. That she was indiscreet in many particulars is not to be questioned. She was a girl some sixteen years of age, and evidently without á comprehension of many of the proprieties observed by and demanded of her sex. The claim of previous unchastity is based on inferences drawn from her conduct, and not ort any known act of intercourse, or any direct proof of it. The case, in this respect, is equally as favorable to the state as State v. Knutson, 91 Iowa, 549 [60 N.W. Rep. 129], and other cases determined in this court. In this connection it is further urged that the evidence as to the promise of marriage, which is the only act claimed to be employed to secure the intercourse, is not sufficiently proven. The testimony of the defendant and the prosecuting witness is in plain conflict on that question. It